Digital Commons Network^™

Dealing With Incompetent Counsel- The Trial Judge's Role, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Defining The Role Of The Physician: Medical Education, Tradition, And The Legal Process, Robert L. Schwartz

Faculty Scholarship

The professional conflict and animosity that have developed between the legal and medical professions are symptomatic of something that is basic and disturbing to the traditional science and practice of medicine. Even a cursory review of the literature will reveal that physicians, lawyers, philosophers, and others (with greater or lesser degrees of insight and awareness) are currently engaged in serious reevaluations of such concepts as the definition of medicine as science and/or art, the structure and administration of effective medical curricula, and the goals of the medical profession itself. Such analyses require not only that physicians evaluate what they ought …

The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary

Faculty Scholarship

The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …

Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith

Faculty Scholarship

No abstract provided.

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …

Accreditation Revisited: Aba Reexamination Of Approved Law Schools, Steven R. Smith

Faculty Scholarship

No abstract provided.

Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch

Faculty Scholarship

John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Terrorist Acts – Crimes Or Political Infractions? An Appraisal Of Recent French Extradition Cases, Thomas E. Carbonneau

Faculty Scholarship

This article examines the progression of French jurisprudence on the extradition of transnational terrorists, focusing upon the issue of whether terrorist acts can be considered legally to be political offenses and hence exempt from extradition. The analysis of this issue integrates French judicial decisions into the general context of international practice – beginning with an assessment of extradition procedures and proceeding to a discussion of the special problems raised by the application of the political offense exception. A survey of international extradition decisional law reveals that the tribunals of various countries have elaborated a series of tests by which to …

Homo Psychologicus: Notes On A New Legal Formalism, William H. Simon

Faculty Scholarship

Having survived the assault of the Realists earlier in this century, the doctrinal tradition in legal theory and legal education is undergoing a second wave of criticism. Again, doctrinal writing and education is charged with promoting a conservative ideological perspective and with ignoring the practical tasks of lawyering. Law schools are criticized for failing both to train competent practitioners and to instill in their students an appropriate sense of "responsibility."

One of the most interesting aspects of this second wave of criticism has been the emergence of a new style of discourse about law inspired by psychology. This style, which …

Judicial Review And The National Political Process: A Functional Reconsideration Of The Role Of The Supreme Court, Henry Paul Monaghan

Faculty Scholarship

Imagine a cold morning early in February. Slowly sipping coffee in an effort to awaken fully, you are reading through the Supreme Court advance sheets. You come across the following brief opinion:

PER CURIAM. Fisher v. Rye Co., No. 81-1, and First Savings Bank v. Smith, No. 81-2. These petitions for certiorari have been consolidated for disposition in a single opin-ion. No. 81-1 challenges an Executive Order that, in an effort to combat gender-based discrimination, requires government contractors to adopt affirmative action programs. No argument is made that the Executive Order is authorized by statute. Concluding that the …

The Burger Court And "Our Federalism", Henry Paul Monaghan

Faculty Scholarship

Dicey derided federal government as "weak government;" others have found genius lurking in its institutional arrangements. But most students, as Professor S. R. Davis's illuminating little book makes clear, have considerable difficulty in identifying what federal government is, whether the concept is approached analytically, legally, descriptively or normatively. American lawyers are not inclined to pursue such inquiries too far. For, like Justice Black, they are concerned only with "Our Federalism" and, like Justice Stewart and obscenity, they know it when they see it. Moreover, American lawyers have, in large measure, confined their attention to one specific component of "Our Federalism;" …

Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss

Faculty Scholarship

What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …

Manifest Criminality, Criminal Intent, And The Metamorphosis Of Lloyd Weinreb, George P. Fletcher

Faculty Scholarship

My colleague has had a revelation. Professor Lloyd Weinreb's views about larceny have undergone a striking transformation in the last six months. As recently as May 1980, when he completed the preface to the third edition of his criminal law casebook, he held one set of views about The Carrier's Case and The King v. Pear. In the article published in this issue, he advances a different set of views about the two cases he regards as so important. He gives us no hint about how or why he underwent his change of heart. His transformation warrants our attention, …

New York Proposed Code Of Evidence: Article V, The Symposium: The New York Proposed Code Of Evidence, Michael M. Martin

Faculty Scholarship

Article V of the New York Proposed Code of Evidence sets forth the rules of evidentiary privilege. Unlike other articles of the Proposed Code, it differs significantly from its federal counterpart. Article V of the Federal Rules of Evidence consists of only rule 501, which provides that, unless otherwise required by the constitution or federal statute, privileges in federal courts are governed by "the principles of the common law as they may be interpreted... in the light of reason and experience." Rule 501 further provides, however, that questions of privilege in civil cases as to which state law supplies the …

Double Jeopardy Of Corporate Profits, The , Constantine N. Katsoris

Faculty Scholarship

The more one reads about our economy, the more one is baffled and alarmed. Permanent solutions to economic problems are elusive. Treating one financial malaise often aggravates another sector of the economy, necessitating a delicate balancing of conflicting interests. Furthermore, the problems are complicated by the constant influence of foreign forces. Nevertheless, most economists agree that any solution will require enormous funding. Unfortunately, the public has little, if any, confidence in our tax system. Indeed, some tax laws and proposals have been referred to as "obscene" and a "disgrace to the human race." Few quarrel with the aptness of such …

Using The Freedom Of Information Act As A Discovery Device, David I. Levine

Faculty Scholarship

No abstract provided.

The Variety, Policy And Constitutionality Of Product Liability Statutes Of Repose, Francis Mcgovern

Faculty Scholarship

No abstract provided.

Survey Of Developments In North Carolina Law, 1979. Family Law, Jane R. Wettach, M. Ann Anderson

Faculty Scholarship

No abstract provided.

Specific Performance Of Separation Agreements: Is The Remedy Enforceable?, Jane Wettach

Faculty Scholarship

No abstract provided.

Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Faculty Scholarship

No abstract provided.

The Wage-Loss Principle In Workers’ Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Impact Of A Youth Service Center, Deborah W. Denno

Faculty Scholarship

This study evaluates the impact of a Youth Service Center (YSC) in South Philadelphia, using methods which consider both the Center's goals and relevant developments within its target area. The YSC is a delinquency-prevention program housed in the South Philadelphia Community Center (SPCC), a general recreation facility which evolved from the Philadelphia Boys' Club in 1974. The YSC program was added in June 1975 to "prevent and limit youth from becoming involved in the Juvenile Justice System, police courts, and institutions". Program referrals comprise area youths between the ages of 10 and 18 who have been arrested and are in …

Trigger Price Mechanism: Protecting Competition Or Competitors, The , Jacqueline Nolan-Haley

Faculty Scholarship

The International Trade Commission asserted that for most of 1978 and probably for the indefinite future, the TPM was "the greatest single factor influencing the conditions of competition" in the U.S. steel industry. The precise contours of this influence are uncertain. While it is premature to assess adequately the economic impact of the TPM, it is possible to make some observations vis-a-vis our national antitrust policy goals. The TPM, like the steel VRA's of 1972, has had no discernable impact on increasing efficiency through expansion, modernization or development of domestic steel-making technology. The TPM, however, does have an impact on …

A Functional Analysis Of The Effective Assistance Of Counsel, A Note, Bruce A. Green

Faculty Scholarship

The sixth amendment provides that in all criminal prosecutions the accused shall enjoy the right "to have the Assistance of Counsel for his defence." The Supreme Court has construed this clause to guarantee to criminal defendants the "effective" assistance of counsel performing within a minimum standard of competency. Prevalent lower court interpretations of the right. to effective assistance require a showing that counsel's inadequate performance caused actual prejudice to the defendant's interest in obtaining an acquittal. Because most defendants are unable to demonstrate the actual impact upon the outcome of their trial of an attorney's departure from normal competency, courts …

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Faculty Scholarship

No abstract provided.

Balancing Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Faculty Scholarship

No abstract provided.

Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis

Faculty Scholarship

No abstract provided.